By Marie E. Matyjaszek
Just in time for the massive July 4 exodus, Michigan became the 26th state to pass a “hands-free” driving law, banning use of any mobile electronic devices while driving. Michigan’s restriction on texting and driving has been in effect since 2010, but the new law severely cracks down on what is allowed.
Public Act 41 of 2023 became effective June 30 and amends current statute MCL 257.602b. While the law is referred to as “hands-free,” it also prohibits drivers from “physically support[ing a mobile electronic device] with any part of the hands, arms, or shoulders.”
Under the new law, y ou cannot make or answer a call, send or read a text message or email, view, record, or send a video, post, read or access any social media, or peruse the world wide web whilst driving. If you must grab your device, you must remain “in a seated driving position, restrained by a seat belt.”
Exceptions to the rule for us ordinary folk include calling or texting 911, and making an emergency call to health care providers, the fire department or law enforcement. Emergency personnel (police, firefighters, EMT, volunteer first responders) and public utility employees and contractors are exempt from the law if their actions are “during the performance of that individual’s official duties . . . (or they are) acting within the scope that that individual’s employment when responding to a public utility emergency.”
You can continue to utilize your vehicle’s hands-free/voice activated systems, but anything beyond a single touch is against the law, including when stopped at a red light or jammed up in traffic. If you are legally parked, go ahead and chat, text, and post all you want.
Depending on how many times you violate the law, fines range from $100 up to $500, and community service can be tacked on anywhere from 16 to 48 hours. If you are a real fan of danger and end up with three violations in three years, you will have the privilege of taking a driving course. Fines are doubled if you cause a crash while using a mobile device.
Considering how attached most of us our to our phones and tablets, this law will likely result in quite a few traffic stops. Michigan roads are bad enough, and this law helps ensure your only distractions are dodging potholes.
(The author is a Judicial Attorney at the Washtenaw County Trial Court; however, the views expressed in this column are her own. She can be reached by emailing her at matyjasz@hotmail.com.)
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